Ensure adequate light, air, privacy and open space for each dwelling unit.

Minimize traffic congestion and avoid overloading of public services and utilities.

Protect residential neighborhoods from excessive noise, illumination, unsightliness, odor, smoke and other objectionable influences.

Locate development which retains the scale and character of existing residential neighborhoods and facilitates the upgrade of declining and mixed-density residential neighborhoods.

Provide for the creation and ministerial consideration of accessory dwelling units in the R1 (Single-Family Residential District) and R2-MD (Multiple-Family Residential District, Medium Density) at the allowable general plan density for the lot.

No referral facility may be located within 500 feet of property that is as zoned as R-1 or PDR-LD, or within 500 feet of a school, park, place of worship, or licensed day care facility.

A referral facility must have a manager on site, 24 hours every day to ensure the orderly operation of the facility and its compliance with all applicable laws, regulations, and conditions.

No referral facility shall admit a resident who has been convicted of any crime involving physical force against a person, illegal possession of a weapon, possession, or use of a weapon in the commission of a crime, or a felony involving a controlled substance.

Accessory buildings or structures constructed closer than 75 feet from the front property line or on the front one-half (½) of the lot, whichever is less, shall be reviewed by the planning division for adequate screening and compatibility with the main structure.

Underground structures including fallout shelters shall be allowed to be constructed on any part of the lot provided they are built below grade level.

Shipping containers are prohibited in residential zones.

Endanger stability of the slope;

Substantially interfere with access for fire protection; and

Detract from the visual identity and integrity of the bluffs.

Development standards and requirements. The following development standards shall not apply to a unit built subject to Government Code section 66323(a), which includes: (1) all converted ADUs (converted accessory structures are eligible for a 150 square foot expansion for purposes of ingress and egress); (2) all converted JADUs; (3) maximum 800-square-foot, new-construction, detached ADUs with four- foot side and rear setbacks and height not exceeding 18 feet (two additional feet of height may be permitted to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary unit), with single-family primary dwellings; and (4) detached units with multifamily primary dwelling structures with four-foot side and rear setbacks and height not exceeding 18 feet (two additional feet of height may be permitted to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary units). Otherwise, all ADUs and Junior ADUs must comply with the following requirements unless the below standards and requirements preclude the development of an 800 square foot ADU with four-foot side and rear setbacks:

If the proposed residential project is to be located in proximity to a freeway, major arterial, airport or any other source of significant noise, an acoustical evaluation of the working drawings may be required to be submitted by an acoustical engineer for approval by the city. The noise levels shall certify that the construction will reduce interior noise levels to 45 CNEL and exterior noise levels to 65 CNEL.

(Reserved)

Additional conditions or special requirements may be reasonably applied by other city departments (e.g., fire department) to ensure that the proposed residential development is compatible and harmoni-ous with existing developments in the vicinity, and to protect the public health, safety and general welfare. If such conditions are applied, the conditions must be fulfilled or a security posted to ensure completion of the conditions to the satisfaction of the appropriate department prior to final occupancy.

Residential common interest development projects are permitted in appropriate residential or planned development zones, subject to the approval of the following planning application, as applicable. This requirement is in addition to other permits or certificates required by law.

No person shall construct, sell, lease, convey, maintain or use a new or newly converted residential common interest development project within the city without first complying with the provisions of this article.

Applicability. The provisions of this section shall apply to all proposed new residential common interest development projects and the conversion of existing apartments to residential common interest developments.

Development standards. Table 13-41(b) identifies the development standards for residential common interest developments. See also Article 9 General Site Improvement Standards of this chapter for additional requirements. Projects shall comply with all applicable standard plans and specifications and adopted city and state codes, as well as the following provisions:

Applicability. The provisions of this section shall apply to all conversions of occupied or previously occupied apartments to residential common interest developments proposed on a real property within the appropriately zoned districts. These provisions are in addition to those set forth in section 13-41, residential common interest developments standards and requirements. To request a conversion, the applicant must provide evidence that the proposed project complies with the following requirement:

(Reserved)

Inspection fee. The applicant shall pay an inspection fee, established by the city council, to determine compliance of the existing units with all appropriate building codes as noted in section 13-42(f)(2).

Documents required. The applicant shall submit the following documents in addition to those set forth in section 13-41(c) residential common interest developments. To the extent applicable, the following report requirements may be satisfied by submission of copies of similar reports filed with state agencies. The reports shall include information on what improvements, if any, shall be accomplished by the applicant and when such improvements shall be completed. All improvements cited in the reports, whether required or voluntary, shall be placed as conditions of approval in conjunction with the approval of the request to convert apartments to a common interest development and shall be completed prior to recordation of the subdivision map.

Review procedures. The following are processing requirements in addition to those set forth in Chapter III Planning Applications.

Conversion standards. The project shall be brought into compliance with the following minimum construction standards, unless the building official approves an alternate method of construction. Prior to recordation of the subdivision map, applicable building permits shall be obtained, and all improvements shall be constructed, inspected, and receive final city approval for the required improvements in this section and for any health and safety code violations.

Small lot subdivisions are permitted in appropriate residential districts and not in combination with other development standards in the overlays zones, subject to approval of the following planning application as may be applicable. This requirement is in addition to other permits or certificates required by law.

No person shall construct, sell, lease, convey, maintain or use a lot in a small lot subdivision project within the city without first complying with the provisions of this article.

Applicability. The provisions of this section shall apply to all new residential small lot subdivisions of 15 lots or less in multi-family zones and not in combination with other development standards in the overlays zones.

Development standards. Table 13-42 identifies the development standards for small lot subdivision developments. See also Article 9 general site improvement standards of this chapter for additional requirements. Projects shall comply with all applicable standard plans and specifications and adopted city and state codes, as well as the following provisions:

Provide adequate space to meet the needs of commercial development.

Minimize traffic congestion and avoid overloading of utilities.

Protect "sensitive" areas from excessive noise, illumination, unsightliness, odor, smoke and other objectionable influences associated with commercial areas.

Promote high standards of site planning and landscape design for commercial development.

(Reserved)

The maximum building area shall not exceed the floor area ratios (FAR) established in the general plan for the applicable general plan land use designation as described further in Article 8, Floor Area Ratios, of this chapter.

If a master plan is required for a project, all development must conform to the master plan as approved by the final review authority.

Additional conditions or special requirements may be reasonably applied by other city departments to ensure that the proposed development is compatible and harmonious with existing development in the vicinity and to protect the public health, safety and general welfare. If such conditions are applied, the conditions must be fulfilled or a security posted to ensure completion of the conditions to the satisfaction of the appropriate department prior to final occupancy.

Service and repair of motor vehicles and boats. The service and repair operations shall be subject to the following:

In the TC district, the required landscaped side and rear setbacks from public streets may include architectural features (such as arcades, awnings, and canopies), public art, and hardscape features (such as paving, patios, planters, and street furniture) if the city council determines that:

In the TC district, buildings may encroach into the required side and rear setbacks adjacent to public streets if the city council determines that:

Existing and newly constructed establishments that propose new outdoor dining areas within courtyard, parking, setback or interior landscaped areas may be approved pursuant to this article. Development standards provided in section 13-48(b)(1) applies to all outdoor dining areas. Additional development standards apply to outdoor dining areas within parking areas (section 13-48 (a)(2)) and/or setback areas (section 13-48 (a)(3)).

All establishments shall comply with the applicable standards and review procedures indicated in Table 13-47, as well as with all other development standards of the appropriate zoning district.

Seasonal events that include live entertainment, dancing, and/or amplified music may be allowed without a conditional use permit or live entertainment permit provided that it complies with the following standards. Each establishment is limited to four nonconsecutive events per calendar year.

All exterior lighting shall be shielded and/or directed away from residential areas.

Outdoor public communication systems shall not be audible in adjacent residential areas.

Trash facilities shall be screened from view and designed and located appropriately to minimize potential noise and odor impacts to adjacent residential areas.

Outdoor seating areas shall be oriented away or sufficiently buffered from adjacent residential areas.

For new construction, a landscaped planter area, a minimum of five feet in width, shall be provided as an additional buffer to adjacent residential areas. The planter area shall contain appropriate plant materials to provide an immediate and effective screen. Plant materials shall meet with the approval of the planning division. For remodels, the planning division may also require the construction of a landscaped planter area to buffer adjacent residential areas, if feasible.

For new construction, all interior property lines abutting residentially-zoned property shall have a minimum six-foot high masonry wall, as measured from the highest grade. An eight-foot high masonry wall may be required, based on the establishment's operational characteristics, in order to provide additional protection to adjacent residential uses. A planning application may be required for walls exceeding six feet in height. For remodels, the planning division may also require the construction of a masonry wall to buffer adjacent residential areas, if feasible.

Hours of operation for customer service shall not occur any time between 11:00 p.m. and 6:00 a.m.

Truck deliveries shall not occur anytime between 8:00 p.m. and 7:00 a.m.

Drive-through lanes shall not obstruct the circulation routes necessary for ingress or egress from the property, parking areas (including back-out of parking spaces), and pedestrian walkways.

Each drive-through lane shall be striped, marked or otherwise distinctly delineated, and shall be a minimum of 11 feet wide.

On-site entrances to drive-through lanes shall be set back a minimum of 25 feet from drive approaches from public or private streets or alleys.

Each drive-through lane shall be a minimum of 160 feet in length, unless modified by the zoning administrator. The length of the drive-through lane shall be measured from its entrance point to the pick-up window.

Vehicle stacking areas of drive-through lanes shall be a minimum distance of 10 feet from outdoor seating and play areas.

Application for a minor conditional use permit shall include an operation statement indicating the physical improvements and operational measures proposed to minimize idling vehicle emissions.

Establishments within 200 feet of residentially-zoned property shall also be subject to the development standards contained in section 13-49, Development standards for establishments within 200 feet of residentially-zoned property.

The provisions of this article shall apply to all new establishments where food or beverages are served which are proposed. The provisions of this article shall not apply to existing uses, even when they undergo a change of ownership, unless one or more of the conditions described in subsection (b) are met.

The provisions of this article shall apply, as appropriate, to any existing use where food or beverages are served under the following circumstances:

Outdoor activity areas are permitted provided that that area does not encroach into required street setback, parking and circulation, or interior landscaped areas; except as approved through the issuance of a minor conditional use permit.

Accessory facilities in the same or separate building are permitted, including classrooms, assembly rooms, restrooms, kitchen, and a library.

All churches and other places of religious assembly shall comply with the review procedures indicated in Table 13-30, as well as with all other applicable development standards of this title.

All exterior lighting shall be shielded and/or directed away from residential areas.

Outdoor public communication systems shall not be audible in adjacent residential areas.

Trash facilities shall be screened from view and designed and located appropriately to minimize potential noise and odor impacts to adjacent residential areas.

Outdoor activity areas shall be oriented away or sufficiently buffered from adjacent residential areas to prevent disturbance of the peaceful use of such areas by residents.

For new construction, a landscaped planter area, a minimum of five feet in width, shall be provided as an additional buffer to adjacent residential areas. The planter area shall contain appropriate plant materials to provide an immediate and effective screen. Plant materials shall meet with the approval of the planning division. For interior alterations, the planning division may also require the construction of a landscaped planter area to buffer adjacent residential areas, if feasible.

For new construction, all interior property lines abutting residentially-zoned property shall have a minimum six-foot high masonry wall, as measured from the highest grade. An eight-foot high masonry wall may be required, based on the church's/place's of religious assembly operational characteristics, in order to provide additional protection to adjacent residential uses. A planning application may be required for walls exceeding six feet in height. For interior alterations, the planning division may also require the construction of a masonry wall to buffer adjacent residential areas, if feasible.

Hours of operation for religious services shall not occur any time between 11:00 p.m. and 6:00 a.m.

Truck deliveries shall not occur anytime between 8:00 p.m. and 7:00 a.m.

Preserve and enhance the environmental aesthetics and quality for those who live and work in the community.

Ensure the long term productivity and viability of the community's diversified economic base by maintaining developments of light industry, manufacturing, research and development and office uses.

Provide levels of public improvements and services necessary to support the existing level of business activity, and allow for the expansion of business opportunities in the future at a level no greater than can be supported by the infrastructure.

Incidental retail sales. Incidental retail sales may be allowed in conjunction with an industrial use provided that the retail sales floor area does not exceed 20% of the gross floor area or 1,000 square feet, whichever is less, and the retail products are related to the primary industrial use. Incidental retail sales that do not meet the floor area limitation shall be subject to review and approval of a minor conditional use permit.

Service and repair of motor vehicles and boats. The service and repair operations shall be subject to the following:

Non-residential common interest development projects are permitted in appropriate commercial, industrial, or planned development zones, subject to the approval of the following planning application, as applicable. This requirement is in addition to other permits or certificates required by law.

No person shall construct, sell, lease, convey, maintain or use a non-residential common interest development project within the city without first complying with the provisions of this article.

Applicability. The provisions of this section shall apply to all proposed new non-residential common interest development projects and the conversion of existing non-residential to common interest developments.

City council finding. The city council finds and declares it is the intent of these regulations to protect the interests of the community and prospective purchasers by requiring the applicant to provide certain information regarding the condition of the structure and to require reasonable improvements to ensure quality and to protect the health, safety, and general welfare of the public.

Development standards. The development standards of the applicable zoning district shall be applied to the common interest development, including the conversion of occupied or previously occupied projects (see section 13-54.53(h)(3)). Exception: Newly created individual unit lots shall be exempt from the development standard for minimum lot area for newly subdivided lots. See also Article 9 General Site Improvement Standards of this chapter for additional requirements. Projects shall comply with all applicable standard plans and specifications and adopted city and state codes, as well as the following provisions:

Applicability. The provisions of this section shall apply to all conversions of occupied or previously occupied non-residential developments to common interest developments proposed on a real property within the appropriately zoned districts. These provisions are in addition to those set forth in section 13-54.52, non-residential common interest developments.

Restrictions in urban plan areas. Conversions of occupied or previously occupied non-residential developments to common interest developments shall only be permitted in an urban plan area if the final review authority finds and determines that the proposed conversion is consistent with the applicable mixed-use overlay zoning district. Specifically, the proposed conversion supports a mixed-use development or a similar land use that is not allowed in the base zoning district, or the proposed conversion project is a residential common interest development that is permitted by either the base or overlay zoning district.

Inspection fee. The applicant shall pay an inspection fee, established by the city council, to determine compliance of the existing units with all appropriate building codes, as noted in subsection (f)(2).

Documents required. The applicant shall submit the following documents in addition to those set forth in section 13-54.52(c), non-residential common interest developments. To the extent applicable, the following report requirements may be satisfied by submission of copies of similar reports filed with state agencies. The reports shall include information on what improvements, if any, shall be accomplished by the applicant and when such improvements shall be completed. All improvements cited in the reports, whether required or voluntary, shall be placed as conditions of approval in conjunction with the approval of the request to convert to a common interest development, and the improvements shall be completed prior to recordation of the subdivision map.

Review procedures. The following are processing requirements in addition to those set forth in Chapter III Planning Applications.

Conversion standards. The project shall be brought into compliance with the following minimum construction standards, unless the building official approves an alternate method of construction. Prior to recordation of the subdivision map, applicable building permits shall be obtained, and all improvements shall be constructed, inspected, and receive final city approval for the required improvements in this section and for any health and safety code violations.

Provide a method by which appropriately located areas of the city can be developed utilizing more imaginative and innovative planning concepts than would be possible through strict application of existing zoning and subdivision regulations. It is intended that these developments will meet the broader goals of the general plan and Zoning Code by exhibiting excellence in design, site planning, integration of uses and structures, and protection of the integrity of neighboring development.

Furthermore, it is the intention of the city to provide a more efficient use of land, additional alternative environments and the allocation and maintenance of more privately controlled and usable open space.

Preliminary master plan. At the applicant's option, a preliminary master plan may be processed in advance of the master plan pursuant to Chapter III, Planning Applications. The purpose of the preliminary master plan shall be to determine the general location, type, and intensities of uses proposed in large scale planned developments prior to the preparation and submittal of more detailed development plans. Preliminary master plans may also be used as the conceptual plan for long-term or phased planned developments.

Upon approval of the preliminary master plan, development plans for individual components or phases of the planned development shall be required and shall be processed according to the provisions for master plans in Chapter III, Planning Applications. The subsequent plans shall be consistent with the parameters and general allocation and intensity of uses of the approved preliminary master plan. At the time of approval of the preliminary master plan, the planning commission may determine that subsequent development plans may be approved by the zoning administrator. In such cases, development plans will be forwarded by the zoning administrator, upon an appeal filed pursuant to Title 2, Chapter IX, Appeal, Rehearing and Review Procedure, or upon motion by the planning commission or city council.

The provision of affordable housing shall be necessary to reach the maximum density for the North Costa Mesa residential district.

Density increments up to the maximum shown in Table 13-58 may be approved in order to provide an incentive for design excellence. Criteria for density increments include, but shall not be limited to, the following (except that criteria (6) through (10) shall not apply to small-lot, single-family development):

The required open space shall be land areas that are not occupied by buildings, structures, parking areas, driveways, streets or alleys. Front entries or porches of less than 50 square feet, landscaped roof areas or roof decks may not be calculated as part of the required open space, except as allowed in the North Costa Mesa Specific Plan or as otherwise approved under subsection (e). The open space shall be devoted to landscaping, preservation of natural features, patios and recreational areas and facilities and not used for circulation purposes.

At least 50% of the required open space shall be designed for the common use of the residents of the planned development, except for small-lot, single-family development. In projects consisting of small-lot single-family common interest developments resulting in fewer than 12 units, the required perimeter landscape buffer required in Table 13-58 shall be the only open space required to be designed for common use. Additional common open space may be provided in the interior of such projects if such open space enhances the overall project design. The remaining required open space shall be equally provided to each dwelling unit.

In projects consisting of small-lot, single-family subdivisions resulting in 12 or more units, the required open space shall consist of the perimeter landscape buffer required in Table 13-58 and a common recreational open space area in the interior of the project to provide recreational facilities for children.

Common open space may be distributed throughout the planned development and need not be in a single large area.

With the exception of required perimeter open space, all or parts of the required common open space for multiple-story apartments or common interest developments may be provided on upper levels, where dwelling units have no ground floor access, or where for other reasons the planning commission finds that the provision of all or part of the required private open space in the aforementioned manner is impractical or undesirable. In all cases, each dwelling unit above the first floor shall be provided with a roof deck area or balcony of not less than 100 square feet. The required area may be provided in one or more roof decks or balconies. In all cases, each dwelling unit shall be provided with a private roof deck or balcony with no dimension less than five feet.

Landscape parkways with a combined width of 10 feet, but not less than three feet on one side, shall be provided along the sides of interior private streets and/or common driveways. The parkway on the house side of private streets or common driveways shall be a minimum of five feet in width.

In planned development commercial and planned development residential—North Costa Mesa districts, the required perimeter open space may include, in addition to landscaping, architectural features (such as arcades, awnings, and canopies) and hardscape features (such as paving, patios, planters, and street furniture) if the planning commission determines that:

In planned development commercial and planned development residential—North Costa Mesa districts, buildings may encroach into the required perimeter open space if the planning commission determines that:

Noise attenuation. When, in the opinion of the planning division, a proposed planned development may be situated in a noise environment, which will adversely affect future residents, an acoustical analysis shall be required. An acoustical evaluation of the working drawings of the proposed residential project shall be submitted to the planning division by a licensed acoustical engineer prior to the issuance of building permits. The engineer shall certify that the construction will reduce residential interior noise levels to 45 CNEL or less and residential exterior noise levels in common and private open space areas to 65 CNEL or less. An exception to the 65 CNEL exterior noise standard is for high-rise residential developments in the North Costa Mesa Specific Plan area. See Chapter XIII. Noise Control for additional information. Building occupancy will be granted upon submittal of a field test report from a licensed acoustical engineer certifying that the above standards have been met. The method of field testing shall be approved by the planning division.

Bluff-top setback. No building or structure shall be constructed closer than 10 feet from a bluff crest, unless it is determined that the building or structure will not:

Uses incidental to the main function of the development may be permitted upon approval by the planning commission through the adoption or amendment of the master plan.

In the I&R-S zones, site plans shall meet the requirements of all State agencies having jurisdiction over the design, construction and operation of public and private school facilities.

In the I&R-MLT zone any future development of the site may include residential due to the unique nature of the site. Any single family residential development to occur on the site must follow the R1 residential development standards.

The I&R-MLT zone contains residential dwelling unit caps for single family and multi-family: For single family residential the cap is 250 units and for multiple family residential the cap is 332 units.

No utility equipment or facility such as gas meters, electrical meters, telephone pedestal mounted terminal boxes, surface mounted electrical transformers, fire hydrants or any other potential obstruction shall be located within the approved parking and/or turn radius area unless installed underground in a vault having an approved traffic lid. All such equipment or facilities located aboveground shall comply with the requirements and meet with the approval of the planning division and serving utility.

Installation or relocation of all utility equipment or facilities shall be performed in a manner so as to obscure the installation of said equipment or facility from view from any place on or off the property. The installation or relocation of the equipment or facility shall comply with the requirements and meet with the approval of the public utility and planning division.

Sewer and water system improvements shall comply with the requirements and meet with the approval of the serving utility.

As an additional requirement only for new developments, new construction or as a condition of approval of a new tract, a revised or reactivated tract or any parcel map, all utilities shall be installed underground on the building site in accordance with the serving utilities' rules, regulations and tariffs on file with the state public utilities commission. The development services director may waive the required undergrounding whenever it is found and determined that such installation is not practically feasible due to economic or technological factors found to exist at the site. Provided, however, that all required termination facilities on the structure and conduit, at least to the outer wall, at a point designated by the serving utility, shall be furnished and installed to facilitate future connection to an underground system.

All abutting public rights-of-way shall be fully improved to the ultimate right-of-way as required by the master plan of highways, adopted specific plans, or applicable standards and codes under the direction of the public services department except for the installation of sidewalks for existing single family residences in an R1 zone subject to section 13-72.1.

Portland cement concrete driveway approaches shall be installed per City of Costa Mesa Standard Plans. The size, type and location shall be approved by the transportation services engineer.

In cases where existing curb cuts will not be used, they shall be replaced with standard curb and gutter under the direction of the public services department.

Portland cement concrete sidewalks shall be installed per City of Costa Mesa Standard Plans under the direction of the public services department except for the installation of sidewalks for existing single-family residences in an R1 zone subject to section 13-72.1.

Prior to the issuance of a building permit, the developer shall obtain necessary street work permits authorizing construction as indicated in subsections (a), (b), (c), and (d).

This section applies to existing single-family residences in R1 zones only. The purpose of this section is to provide alternatives to the requirement that owners of existing developments in an R1 zone install a sidewalk when they undergo major alterations, additions or improvements that would otherwise require installation of a sidewalk pursuant to section 13-72.

Nothing in this section shall prevent the city from using its own funds to install sidewalks on any street otherwise subject to this article.

An owner of a single-family residence in an R1 zone shall either:

Notwithstanding the city's goal of installing sidewalks in all R1 zones throughout the city, it is recognized that there may be neighborhoods in the city that desire to retain a more rural appearance.

Any payment received by a property owner in lieu of actual construction pursuant to section 13-72.1(c)2 shall be placed in a separate account and, along with any interest earnings on said account, be used solely to pay for the city's future construction of new sidewalks in R1 zones constructed pursuant to the city's program.

In nonresidential zones, trash enclosures shall be provided under the direction of the planning division. In residential zones, trash enclosures shall be required for residential projects of five or more dwelling units. Exceptions to the required trash enclosure in residential projects may be granted by the final review authority, and are subject to the following provisions:

The design of trash enclosure(s) shall conform to city standards on file in the planning division.

Temporary receptacles, as approved by the public services department for the purposes of public participation in the collection of recyclable products, shall not be considered a trash bin, container or receptacle subject to the requirements of this section. For the purposes of this section, temporary shall mean a period, or periods, of time not exceeding 90 days during any twelve-month period.

The finished elevations of all buildings, structures, walls and fences shall be approved by the planning division prior to issuance of building permits.

All trash containers and mechanical equipment, such as air conditioning compressors, duct work, and vents shall be screened from public rights-of-way and adjacent properties.

Temporary receptacles, as approved by the public services department for the purposes of public participation in the collection of recyclable products, shall not be considered a trash bin, container or receptacle subject to the requirements of this section. For the purposes of this section, temporary shall mean a period, or periods, of time not exceeding 90 days during any twelve-month period.

In residential zones, including planned development, except R-1:

In commercial zones, including planned development: All interior property lines abutting residentiallyzoned property shall have solid masonry walls, at least 6 feet but no more than eight feet in height, unless an environmental study requires additional height.

In industrial zones, including planned development: A solid masonry wall, at least six feet in height shall be constructed along all property lines which abut a residential or commercial zone. The maximum wall height shall not exceed eight feet, unless an environmental study requires additional height.

If a fence or wall is constructed adjacent to a public street, the fence or wall shall be approved by the planning division in terms of its compatibility and harmony with the proposed building and site development and buildings and site developments existing or approved for the general neighborhood. For arterial streets that are adjacent to residential developments, new arterial walls shall comply with the city's streetscape and median development standards. No fence or wall located in any street setback shall obscure the required street setback landscaping in the commercial and industrial zones.

Fences and walls placed on interior property lines or between the property line and the required setback line for main buildings shall conform to the city's walls, fences and landscaping standards.

Fences and walls located in proximity to street intersections or where a driveway intersects a sidewalk shall conform to the city's walls, fences and landscaping standards.

The standards referred to in subsections (e) and (f) shall be adopted by resolution of the city council.

It is unlawful to construct, install, maintain or allow to exist any barbed wire, razor wire, concertina ribbon or similar item in any required setback abutting a public right-of-way. In all other locations, barbed wire, razor wire, concertina ribbon and similar items shall maintain a minimum vertical clearance of six feet eight inches from grade.

It is unlawful to install, maintain or allow to exist any electrified fence or any glass, nails or similar items embedded in walls or fences at any location.

Chain link fences. In all nonresidential zones, chain link fencing is prohibited in any required setback abutting a public right-of-way. In all residential zones, including planned developments, chain link fencing is prohibited in any area visible from a public street or alley.

Chain link fence removal. A property owner of any residential or planned development property that has an existing chain link fence visible from a public street or alley, shall remove the chain link fence at such time the property owner obtains a building permit, or cumulative building permits over a consecutive twelve-month period, for property improvements valued at $30,000 or more. The chain link fence shall be completely removed prior to the finalization of the last building permit(s) that exceeds the thirty thousand dollar ($30,000.00) valuation.

Security gates, in all zones, are subject to review and approval by the planning division in conjunction with the fire department and transportation division.

Wherever acquisition of private property is deemed necessary for right-of-way improvement purposes pursuant to the master plan of highways or adopted standards and codes maintained by the public services department, the owner of the property shall be required to dedicate or make an irrevocable offer to dedicate the needed right-of-way in accordance with subsection (b) as a condition of issuance of a building permit or other permit authorizing expansion of the property's usage, or of approval for recordation of a subdivision map. For the purposes of this section, "expansion of property usage" means physical increase in structural area, or increase in land use intensity, likely to result in increased traffic generation. The amount of land to be dedicated shall be that existing between the centerline of the street or other right-of-way and the ultimate right-of-way established in the master plan of highways, the master plan of bikeways, an adopted specific or precise plan or an adopted street alignment plan.

Dedication shall be required for any project that will significantly increase the projected number of vehicle trip-ends per day. Allocation of trip-ends shall be based on a schedule of trip generation factors developed and maintained by the public services department. A significant increase in the projected number of vehicle trip ends per day shall be deemed to occur and dedication shall be required when any of the following circumstances exist:

Relief. Whole or partial relief from the dedication requirements of this section may be granted by the planning commission or city council in conjunction with the review of any application which is subject to dedication. Relief may be granted only in the following circumstances:

Prevention of loss of life and property and minimization of economic loss caused by flood flows.

Establishment of criteria for land management and land use in floodprone areas that are consistent with the criteria promulgated by the Federal Emergency Management Agency for the purpose of providing flood insurance eligibility for property owners.

Prohibition of encroachments, new construction or other improvements or development that would obstruct or divert the flow of floodwaters within a regulatory floodway.

Regulation and control of use of land below the elevation of the design flood flow within the remainder of the floodplain.

In any base flood district, when the property is included within a designated flood hazard area shown on the adopted Orange County (countywide) Flood Insurance Rate Map (FIRM) dated August 9, 2002, or a subsequent FIRM, of flood boundary and floodway maps as published by the Federal Emergency Management Agency (FEMA), the additional requirements, limitations and standards contained in this article and by FEMA shall apply.

Flood hazard areas shall be identified and mapped, based upon:

The following documents are hereby adopted for the application of floodway area regulations only: (1) all the standards of Paragraph 60.3(b) of the National Flood Insurance Program, (2) The Orange County (countywide) FIRM and flood boundary and floodway maps as zoning district maps (dated August 9, 2002, and any subsequent amendments or revisions thereof), and (3) Flood Insurance Study for the City of Costa Mesa (dated August 9, 2002, and any subsequent revisions or updates thereof).

The following uses shall be allowed in the floodway areas:

The following uses are prohibited in the floodway areas:

Additional uses not specifically listed above as either a permitted or prohibited use may be considered for approval as a conditional use, according to the procedures set forth in Chapter III, Planning Applications. However, no use permit shall be approved unless the following finding can be made:

Review procedures. Pursuant to FEMA's National Flood Insurance Program regulations, the floodplain administrator shall review projects proposed in areas subject to the floodway areas district regulations to determine compliance with the provisions of this article. Specific responsibilities shall include, but not be limited to:

Submittal requirements. All development, subdivision, structure and substantial improvement proposals shall include submittal of detailed drainage studies and plans drawn to scale showing the nature, location, dimensions and elevation of the area in question, and all existing or proposed structures, fill, storage of materials, drainage facilities and their locations. Specifically, the following information is required:

Alteration or relocation of watercourse. The floodplain administrator shall notify adjacent communities and the state department of water resources prior to approval of any project which would alter or relocate a watercourse having an effect on the flood hazard areas shown on the flood insurance rate maps and submit evidence of such notification to the appropriate federal agency. Any approval action for such project shall require that maintenance is provided within the altered or relocated portion of a watercourse so that the flood-carrying capacity of the watercourse is not diminished.

Standards of construction. In all areas of special flood hazards, the following standards are required:

The zoning map includes property within a floodway district that is found not to be within a floodplain area due to incorrect preparation of the zoning map or to physical alteration or surrounding property which effectively removed the subject property from the floodplain area. The floodplain administrator's determination shall be based on a study of topographic and design flood elevation contours on the subject property, and on such additional information as is found necessary or appropriate.

Flood protective or flood control work, adequate to protect against the design flood and in compliance with county flood control and flood protective standards and policies, has been completed. The director's finding shall confirm that any stream, channel, storm drain or landfill improvements fully offset flood surface elevations established by the applicable floodplain map; and that if the property is included on a flood insurance rate map or a flood boundary and floodway map, all such flood protective or flood control work has been approved by the appropriate federal agency and the property removed from the floodplain designation on such maps.

To meet general plan goals to create new housing opportunities in commercial, industrial, and residential areas by allowing mixed-use developments that exhibit excellence in design, site planning, integration of uses and structures, and protect the integrity of neighboring development.

To encourage mixed-use development projects, as allowed by an adopted urban plan, that combines residential and nonresidential uses, including office, retail, business services, personal services, public spaces and uses, and other community amenities as a means to revitalize a defined area in the city without exceeding the development capacity of the general plan transportation system.

To encourage a full array of different land use types and structures, including reuse of existing structures, to create an active city life and enhance business vitality.

To ensure the appearance of buildings complementary to the existing architectural character of the area in which they are located and that on-site residential and nonresidential uses are compatible.

To ensure compatibility of mixed-use development projects with existing and future allowable development in surrounding zoning districts.

To allow residents of a live/work unit, including artists, designers, craftspeople, professionals and small-business entrepreneurs, to maintain a business and living space under common ownership.

To allow conversion of commercial or industrial properties to residential developments pursuant to the standards of an adopted urban plan.

Live/work unit. A type of mixed-use development that combines work and living quarters in the same building that has been designed or structurally modified to accommodate joint residential occupancy and work activity by a single household. A live/work unit consists of the following:

Commercial/residential unit. A type of vertical mixed-use development where nonresidential and residential uses are located in the same building and where the dwelling units are typically located on the upper levels and the nonresidential uses are located on the lower levels. Persons residing in the residential component do not necessarily work in or own any portion of the nonresidential component. This product type may also be designed so that nonresidential and residential uses are located adjacent to one another on the same or adjoining lots of the same development site and in separate buildings.

Residential unit. A residential unit located in a larger residential development.

Mixed-use development plan screening application required. All residential and mixed-use development projects proposed in the mixed-use overlay district shall submit a screening application for consideration by city council, as described in section 13-28(g)(4) of the Zoning Code.

Master plan required. All development proposed in the mixed-use overlay district requires approval of a master plan pursuant to Chapter III planning applications. The final review authority for the master plan shall be the planning commission. Refer to section 13-28(g), master plan, regarding the following: preliminary master plans and amendments to the master plan.

Master plan findings for mixed-use overlay district. The approval of the master plan for a residential or mixed-use development project in the mixed-use overlay district shall be subject to the following findings:

Deviation from development standards. A deviation from the mixed-use development standards may be approved through the master plan process provided that the following findings are made:

Floor-area-ratio (FAR). As established by the general plan, the maximum FAR for mixed-use development is 1.0. An increase to 1.25 FAR may be allowed for mixed-use developments that exhibit design excellence and are consistent with the deviation findings described in section 13-83.52 of the Zoning Code.

Allowable uses. Allowable and prohibited uses shall be determined in the adopted urban plan for the mixed-use overlay area.

Planned signing program. A planned signing program is required for any nonresidential component of a mixed-use development.

Additional development standards. The adopted urban plan shall contain development standards that are applicable to a particular mixed-use overlay area.

Restriction on activities. Commercial or light industrial uses within mixed-use development projects shall be designed and operated, hours of operation limited, so that residents are not exposed to offensive noise, including noise from traffic, trash collection, routine deliveries or late night activity. Deliveries from heavy trucks at the project site between 8:00 p.m. and 6:00 a.m. should be expressly prohibited.

Noise and groundborne vibrations. Title 13, Chapter XIII, Noise Control, of the Costa Mesa Municipal Code provides a definition of exterior areas of multi-family residential projects in residential and mixed-use developments within the mixed-use overlay district. All residential development within the mixed-use overlay district are subject to the city's interior and exterior residential noise standards as applicable and the Lmax standard for residential interior exposure, as indicated in Chapter XIII of Title 13. Residential uses should be oriented away from odor-generating structures and loading docks used by heavy trucks.

Lighting. Outdoor lighting associated with industrial/commercial uses should not adversely impact adjacent residential uses, but should provide sufficient illumination for use, access, and security. Such lighting should not blink, flash, or oscillate.

Windows. Residential building windows abutting industrial or commercial uses should not directly face windows of these adjacent properties unless privacy tinting, architectural elements, structures, landscaping, or other features provide adequate screening and privacy protection.

Security. Residential units should be designed to ensure the security of residents through the provision of secured entrances and exits that are separate from the non-residential uses on the same site. Residential units should be directly accessible to parking areas. Non-residential and residential uses should not have common entrance hallways or common balconies. These separations should be shown on the development plan and the separations should be permanently maintained.

Residential incentive development plan screening application required. All residential and development projects proposed in the residential incentive overlay district shall submit a screening application for consideration by city council, as described in section 13-28(g)(4) of the zoning code.

Master plan required. All development proposed in the residential incentive overlay district requires approval of a master plan pursuant to Chapter III Planning Applications. The final review authority for the master plan shall be the planning commission. Refer to section 13-28(g), master plan, regarding the following: preliminary master plans and amendments to the master plan.

Master plan findings for residential incentive overlay district. The approval of the master plan for a residential development project in the residential incentive overlay district shall be subject to the following findings:

Deviation from development standards. A deviation from the residential incentive overlay district development standards may be approved through the master plan process provided that the following findings are made.